Speeding in Residence Zone Statute - Question of Applicability

[cokibler]

I was pulled over in Hanover County Virginia and levied a ticket of 64 in a 45, law section 12.1 46.2 – 878. This is “Speeding in a Residence Zone” and carries a fine of 200.00 plus 7.00 for every mile over the posted limit. This is as opposed to a normal speeding charge carrying a fine of 5.00 for each mile over the limit.

There is no question I was speeding, but I am seeking clarification on the “residence zone” statute. It certainly did not look like a residence zone (double lane highway just off of Interstate 295), but a little further down from where I was pulled over, houses do line the highway.

The aforementioned code of Virginia reads as follows:

Ҥ 46.2-878.2. Maximum speed limits in certain residence districts of counties, cities, and towns; penalty.

Operation of any motor vehicle in excess of a maximum speed limit established for a highway in a residence district of a county, city, or town, when indicated by appropriately placed signs displaying the maximum speed limit and the penalty for violations, shall be unlawful and constitute a traffic infraction punishable by a fine of $200, in addition to other penalties provided by law. No portion of the fine shall be suspended unless the court orders 20 hours of community service. The Commonwealth Transportation Board or any local governing body having jurisdiction over highways shall develop criteria for the overall applicability for the installation of signs. Such criteria shall not exclude highways, functionally classified as minor arterials, serving areas that either (i) were built as residential developments or (ii) have grown to resemble residential developments, provided, in either case, (i) such highways are experiencing documented speeding problems and (ii) the local governing body requests the application of this section to such highway. Such signs may be installed in any town and shall not require the approval of the county within which such town is located. Any such signs installed in any town shall be paid for by the town requesting the installation of the signs, or out of the county's secondary system construction allocation.”​

So I interpret that to mean a sign should be posed indicating a residential area, unless the following legal “criteria” text is some way of getting out of the signage requirement.

I do not recall seeing a residential sign, how do I find out if the specific area I was pulled over in is classified as a residential zone?

There were about 6 cops pulling people over so I assume they should have all of us dead to rights, but the residential thing is bugging me considering there were no houses nearby and no sign (that I was aware of) indicating as such. I would like to know if I have grounds for arguing a guilty plea for the lesser charge of speeding, what do I need to prove the lesser charge is warranted (i.e. lack of signage, official record of residence zones?). How should this be approached in court? Not guilty citing the wrong charge?

 

[I_Got_Banned]

So I interpret that to mean a sign should be posed indicating a residential area, unless the following legal “criteria” text is some way of getting out of the signage requirement.

I do not recall seeing a residential sign, how do I find out if the specific area I was pulled over in is classified as a residential zone?

If you're suggesting that they should have to post signs stating "Residential zone/district/area", then I think you're wrong. I think the term "sign" as is mentioned in the statute refers the a "speed limit sign" as is described in the 2nd line in 46.2-878.2 wherein it states: "when indicated by appropriately placed signs displaying the maximum speed limit and the penalty for violations"

With that being said, the question remains as to what constitutes a road/highway or even an area as "Residential"?

The answer to that question is clearly defines under § 46.2-100. Definitions.

"Residence district" means the territory contiguous to a highway, not comprising a business district, where 75 percent or more of the property abutting such highway, on either side of the highway, for a distance of 300 feet or more along the highway consists of land improved for dwelling purposes, or is occupied by dwellings, or consists of land or buildings in use for business purposes, or consists of territory zoned residential or territory in residential subdivisions created under Chapter 22 (§ 15.2-2200 et seq.) of Title 15.2.​

As you can see, it included, but is not limited to a territory land improved for dwelling purposes OR is occupied by dwellings. So the fact that you do not see any houses around where you allegedly committed the violation does not deem it as a non residential area. If it is "zoned" as residential then it fits the "criteria".

but a little further down from where I was pulled over, houses do line the highway.

Where you were "pulled over" has nothing to do with where the violation occurred. That should be specifically noted on the citation. If it is, then your next step would be to determine at which point the residential district starts, and from there you can find out whether you allegedly committed the violation within 300 feet of that area (as specified in § 46.2-100 above) or not.

how do I find out if the specific area I was pulled over in is classified as a residential zone?

You can contact the Planning/zoning department for the city where you were cited... They should be able to tell you whether that area is zoned to meet the criteria that is defined in the statute above (any of the criteria which is underlined above).

Good luck!